Lakeland City Attorney Asks for First Contract; City Commission Will Consider

Thursday

Feb 14, 2013 at 2:28 AM

City Attorney Tim McCausland doesn't only want to change his pension plan, he wants his first contract with the city. Although McCausland has been an attorney with the city since 1992, it is the first time commissioners will consider a contract for him.

By JOHN CHAMBLISSTHE LEDGER

LAKELAND | City Attorney Tim McCausland doesn't only want to change his pension plan, he wants his first contract with the city.

Although McCausland has been an attorney with the city since 1992, it is the first time commissioners will consider a contract for him.

A meeting is scheduled for 8:30 a.m. Friday during an agenda study at City Hall.

The idea of a contract comes at a time when McCausland, 62, is attempting to change his pension plan. He wants to move to a traditional pension plan from a 401(a) plan he joined when he started working with the city. He's offered to invest about $800,000 to participate in the plan.

McCausland said contracts are good business for both sides.

"It underscores the arm's length nature of the relationship and eliminates uncertainty about the material elements of the relationship," McCausland said in an email. "Having said that, I've told the city commission on a number of occasions that I have always trusted them to treat me fairly, and I have no reason to believe that will ever change."

City Manager Doug Thomas has had a contract with the city since he started in 2003.

McCausland's would be similar.

McCausland's proposed contract shows the $4,800 yearly car allowance he currently receives, his $181,105 yearly salary and says he's entitled to accrue 40 days of vacation and $8,000 in sick leave.

McCausland's former boss, former city attorney Joe Mawhinney, said the contract has some problems.

According to Mawhinney, who still practices law, the contract shows that the city would be responsible for 20 weeks of severance pay if McCausland is fired for cause. The city would not be responsible for severance if McCausland is charged and convicted with a crime. For example, if McCausland were fired for insubordination he could still collect a severance. Mawhinney also is opposed to McCausland's push to join the pension plan.

John Murphy, a lawyer with Boswell & Dunlap, wrote the contract. He said earlier this week he was still reviewing its details and plans to be at the agenda study. Murphy is paid $175 an hour by the city.

Mawhinney and former City Manager Gene Strickland never had a contract, Mawhinney said. There was only an item approved by commissioners that provided details of the agreement between the lawyers and commissioners.

"We went through what we'd like to have as city employees," Mawhinney said. "They (commissioners) supported it."

[ John Chambliss can be reached at john.chambliss@theledger.com or 863-802-7588. ]